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Home My WebLink AboutPW16-332 - Other - City of Covington - SR-516 Improvements: Extended Temporary Construction Easement - 11/01/2022 Instrument Number: 20221003000012 Document:EAS Rec: S207.50 Page-1 of 5 Excise Does: 3212153 Selling Price: S0.00 Tax Amount: S10.00 Record Date:10/312022 7:08 AM Electronically- Recorded King County, WA After recording return document to: City of Covington 16720 SE 271" Street, Suite 100 Covington, WA 98042 Document Title: Temporary Construction Easement Reference Number of Related Document: 20200427000632 Grantor(s): City of Kent Grantee(s): City of Covington Legal Description: S. 36, Twn 22N, Tge 5E, NE NE Additional Legal Description is on Page 5 of Document. Assessor's Tax Parcel Number: 362205-9184-06 TEMPORARY CONSTRUCTION EASEMENT SR 516 (SE 272"d ST) Improvements Between Jenkins Creek and 185"' PL SE The Grantor(s), City of Kent, a Washington municipal corporation, for and in consideration of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, conveys and grants unto the City of Covington, a Washington municipal corporation, and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right of Eminent Domain, the right, privilege and easement over, upon, and across the hereinafter described lands for the purpose of instream work for realignment of Jenkins Creek to match construction of a new roadway bridge over Jenkins Creek ("Easement Purposes"). (nstream work occurs only during fish window restrictions and is anticipated to take up to three construction seasons. Said lands being situated in King County, State of Washington, and described in Exhibit A, attached hereto and made a part hereof. The term of this Temporary Easement shall commence on the date of acceptance of this Temporary Easement by Grantee and shall terminate on October 31, 2024, hereinafter the -Term". CHICAGO TITLE INSURANCE COMPANY has placed the document of record as a customer courtesy and accepts no liability for the accuracy or validity of the document. FA No. STP-0516 (022) LPA-325 Page 1 of(5) Pages Parcel Number: 362205-9194-06 Rev. 5/2021 Instrument Number: 20221003000012 Document:EAS Rec: $207.50 Page-2 of 5 Record Date:10/3/2022 7:08 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT It is further agreed that this Temporary Easement may be extended by up to 12 Months (1 Year) at the Grantee's option. The rate associated with this extension shall be at the same rate as the original Temporary Easement, or at the newly established rate determined by an updated Administrative Offer Summary; whichever is higher. Grantee shall notify Grantor in writing, and render payment, prior to exercising this option. Provided, however, that Grantee's use and occupancy of the easement area is limited to: Between November 1, 2022 and October 31, 2024 during the Terms. Grantee shall have the right, without prior notice, institution of suit, or proceeding at law, at times as may be necessary, to enter upon the Easement Area, and any immediately adjacent areas, with the necessary equipment for the Easement Purposes, without incurring any legal obligation or liability. Grantee shall not conduct maintenance or fuel construction equipment within the Easement Area. Grantee shall have spill kits onsite to respond immediately to any fluid leaks in the Easement Area. Grantee shall leave any improvements already existing within the Easement Area and the immediately adjacent areas undisturbed, unless the prior written approval of the Grantor is obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee shall restore these areas to the same condition as they were immediately prior to Grantee's entrance into these areas. In addition, Grantee shall use commercially reasonable efforts to avoid interfering with Grantor's normal course of business within and surrounding the Easement Area, and will ensure that Grantor has vehicular access at all times to the Armstrong Springs water source. Grantee shall at all times exercise its rights under this Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee shall defend, indemnify and hold harmless Grantor from and against claims, damages, liability and fees and costs (including attorneys' fees and costs) incurred by or claimed against Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee; provided, however, nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others unless such others are agents of or otherwise under the control of Grantee. This indemnification shall survive the termination of this Easement. Grantor shall retain the right to use the Easement Area, including the immediately adjacent areas, so long as Grantor's use does not interfere with the Easement Purposes. The rights granted by Grantor to Grantee under this Easement are for the limited purpose of temporarily allowing Grantee entry on the Property for the Easement Purposes. Nothing herein shall be construed as a conveyance of a real property interest from Grantor to Grantee. LPA-325 Page 2 of(5) Pages Rev. 512021 Instrument Number: 20221003000012 Document:EAS Rec: $207.50 Page-3 of 5 Record Date:10/3/2022 7:08 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT It is understood and agreed that delivery of this temporary easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Covington unless and until accepted and approved hereon in writing for the City of Covington, by its authorized agent. Dated: 20 City of Kent, a Washington municipal c oration Dana Ralph, Mayor Authorized Agent Accepted and Approved City of Covington, a Washington munici al Corp tion By: Regan ity Manager Authori ed Agent Date: � 7 , 20 ZZ (Notary Acknowledgment on Following Page) LPA-325 Page 3 of (5) Pages Rev. 5/2021 Instrument Number: 20221003000012 Document:EAS Rec: $207.50 Page-4 of 5 Record Date:10/3/2022 7:08 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT Acknowledgment STATE OF WASHINGTON ) ss County of King ) aaa On this h� day of - before me personally appeared Dana Ralph, to me known to be the Mayor for the City of Kent, and that she executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City of Kent, for the uses and purposes therein set forth; and on oath states that she is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. `SEAL) MCCIs, !/1� Notary Public inandfor the State of (y s=�A-10"kihh 1 -11 Washington, residing at y 22OM43 s .�'• My commission expires a �7jk4y�-?1` 0 r LPA-325 Page 4 of(5) Pages Rev. 5/2021 Instrument Number: 20221003000012 Document:EAS Rec: $207.50 Page-5 of 5 Record Date:10/3/2022 7:08 AM King County, WA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A PARCEL 362205-9184-06 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSIUP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROADWAY PURPOSES BY INSTRUMENT RECORDED UNDER RECORDING NO. 1400465; AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON UNDER KING COUNTY CAUSE NO. 90-2-24267-6 DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST BOUNDARY OF THE ABOVE DESCRIBED PARCEL LYING 50.00 FEET SOUTH OF THE CENTERLINE OF S.R. 516; THENCE N 8901257" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 1.42 FEET, - THENCE N 87039'59" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 128.58 FEET TO THE POINT OF BEGINNING; THENCE S 02°20'01" W, PERPENDICULAR TO SAID CENTERLINE, A DISTANCE OF 10.00 FEET; THENCE S 46°01'59" E, A DISTANCE OF 120.05 FEET; THENCE S 68°10'29" W, A DISTANCE OF 98.34 FEET; THENCE N 87°39'59" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 400.00 FEET; THENCE N 02°20'01" E, PERPENDICULAR TO SAID CENTERLINE, A DISTANCE OF 130.00 FEET TO A POINT LYING 50.00 FEET SOUTH OF SAID CENTERLINE; THENCE S 87039'59" E, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. CONTAINING 57,383 SQUARE FEET, MORE OR LESS. THE LANDS HEREIN DESCRIBED CONTAIN AN AREA OF 57,383 SQUARE FEET, MORE OR LESS, THE SPECIFIC DETAILS CONCERNING ALL OF WHICH ARE TO BE FOUND ON SHEETS RW-01 AND RW-02 OF THAT CERTAIN PLAN ENTITLED SR 516 (SE 272"a ST) IMPROVEMENTS BETWEEN JENKINS CREEK AND 185TEI PL SE. NOW ON RECORD AND ON FILE AT THE, CITY OF COVINGTON AND BEARING DATE OF APPROVAL, 1 I-04-19, Grantor's Initials LPA-325 Page 5 of (5) Pages Rev. 5/2021